Overview

Misdiagnosis of an illness or condition is the most common among medical malpractice claims. A misdiagnosis can occur when a doctor fails to correctly diagnosis a patient’s injury, illness or condition, delays diagnosis or fails to provide any diagnosis at all, resulting in harm or even death to the patient. The result of a failed or misdiagnosis can be harmful and even fatal. Common diseases that are frequently misdiagnosed are:

• Breast Cancer
• Tuberculosis
• Lung Cancer
• Diabetes
• Prostate Cancer
• Cervical Cancer
• Ovarian Cancer
• Testicular Cancer
• Acute Myocardial Infarction (Heart Attack)
• Strokes
• Pulmonary Embolism
• Bacterial Meningitis
• Appendicitis

Repercussions of a Misdiagnosis or Revision

A failure to diagnose or a misdiagnosis is a serious offense and can have negative repercussions. The repercussions do not extend only to your physical well being but also to your financial well being. Health care for general use is already quite expensive, but extend that to second opinions, more treatment for a misdiagnosis if necessary, and it is almost unaffordable. A successful claim for medical malpractice can provide for a recoupment of already paid medical fees and in some cases payment of future medical expenses.

Once you have become aware of the misdiagnosis due to negligence or medical error you have between six (6) months and two (2) years to file your claim in Alabama. In the case of negligence with regards to a minor child you have up to four (4) years after the negligence occurred. However, if you have been negligent in the discovering of the negligence or the effect therefrom you could be barred from filing a claim. It is important to know your statutory limitations.

Alabama does not have a “cap” on medical malpractice damages. This means that the amount of damages you can collect are not statutorily defined based on the type of malpractice. The law firm of Fortune & Beard understands the sensitive nature of your claim and the need for financial relief. Our attorney’s will work hard to either settle your claim or litigate your case. We will take the worry and stress of the legal work off of your shoulders allowing you to focus on the more important things. Please feel free to contact us for a free consultation regarding your potential misdiagnosis claim.